New Delhi, Aug. 20: Karisma Kapoor has told Delhi High Court that husband Sanjay Kapur had deserted her and was now using their daughter Samaira as a “pawn”.

The actor has said in a 28-page affidavit that she was compelled to move back to Mumbai and that Sanjay had contributed nothing to bringing up their baby.

“Except for a few occasions and token visits to meet Samaira, her estranged husband has played no part in the upbringing of the minor child even today... Particularly, the petitioner (Sanjay) has made no financial contribution to the upkeep of the child and the pre-natal, delivery and post-natal care of the mother,” the affidavit submitted this week said.

Rumours of cracks in the marriage, circulating since Samaira’s birth in March, were confirmed when Sanjay moved court on August 5 to restrain Karisma from taking the four-month-old to the US.

The Delhi-based industrialist alleged that the child’s passport was made without his consent, in violation of the law, and that he was not told about the trip.

Hearing the petition, the court sent Karisma a notice asking her not to take the baby out of the country without Sanjay’s written consent. Notices were also sent to the Centre and the Regional Passport Office in Mumbai.

In her reply this week, the actor said Sanjay’s petition was “nothing but a crude attempt to urge and seek redressal of matrimonial issues of a disgruntled husband by using Samaira as a pawn”. She sought dismissal of the restraining order on the ground of lack of jurisdiction as the passport was issued in Mumbai.

Karisma said she got her daughter’s passport after she was invited to be the grand marshal in the silver jubilee celebrations of the India Day Parade in Manhattan between August 20 and 22. Samaira was too young to be left with anyone else, she said, adding that she was bound to return to the country given her deep roots here.

No norms were violated, she added. The Centre, in its reply to the court on August 12, had also said the passport was issued according to the law.

Sanjay had suppressed the “essential fact” that he had “constructively deserted this respondent who was left with no option but to leave Delhi (where they were living after marriage) in January 2005 and reside separately from her husband in Mumbai”, the affidavit submitted by lawyer Rayan Karanjawala said.

“His petition is nothing but a cumbersome restraint on her right to travel with Samaira abroad and this is in violation of her right and liberty.”

Karisma alleged that her husband was trying to settle his personal grudge against her and take Samaira away from her permanently and deprive the child of her mother’s care. The actor also accused Sanjay of suppressing the fact that he was a US citizen.

The reason “why Karishma Kapur, the respondent, is living separately, it is known to Sanjay only”, the affidavit said.

The court has given Sanjay time till August 24 to file his rejoinder and fixed the hearing for August 26. The order restraining Karisma from taking the child abroad will continue to be in force till then.